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We require further debate, particularly once the CIO is appointed, to identify how best to respond to breaches of the code. I envisage the code acting more simply, as an overarching code that codifies and modifies how people in public bodies behave and allows them to recognise...
There is one item on the agenda: consideration of the remaining sections of the draft code of conduct, on paid advocacy and the enforcement of the code.
In the first six months of the operation of the Code a total of 29 formal Code requests were dealt with. 10 requests were categorised as formal because information was refused.
We would, however, expect the commission, in making decisions of that sort, to bear in mind the contents of the code applicable to the other body—that is, a code that has not directly been breached.
It is just a case of tying the draft regulations up with the English legislation.Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 3) Order 2006 (draft) Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) (No 3) Order 2006 (draft) No points arise on the draft order.Draft Code of Practice Subject to Annulment Draft Code of Practice Subject to AnnulmentEnvironmental Protection Act 1990: Code of Practice on Litter and Refuse (Scotland) Act 2006 (SE/2006/164) Environmental Protection Act 1990: Code of Practice on Litter and Refuse (Scotland) Act 2006 (SE/2006/164) No substantive points arise on the draft code of practice, but minor points arise to do with the citation of powers and the laying power.
As members will have read, there is quite a procedure for that code. It is suggested in paragraph 38 of our legal brief that there is a degree of uncertainty about whether the code will create a criminal offence.